TERMS OF SERVICE

 

Thank you for Welcome to Awesome Web Designs

The Terms of Service for working with Sajah’s Design Studio are described hereunder. By agreeing to work with Sajah’s Design Studio or utilize any Sajah’s Design Studio services or the Sajah’s Design Studio website, the customer accepts these Terms and Conditions. This includes as attached to any agreement that refers to these terms in print or electronically, by transaction and or signing.

These Terms and Conditions regulate the service(s) provided by Sajah’s Design Studio, as described in a service agreement and executed by Sajah’s Design Studio and between Sajah’s Design Studio and the Customer. As a result, all parties agree and acknowledge the following:

1. The Policy

All services are subject to Sajah’s Design Studio specifications and policies, which can be modified or changed at any time. Sajah’s Design Studio reserves the right to amend or change any services to comply with these policies. All communication regarding Sajah’s Design Studio policies and services shall be done only through the sajahsdesignstudio.com website, through the Account Dashboard, Support Ticket or via Contact form listed on the website or by email to specified sajahsdesignstudio.com email addresses.

2. Sajah’s Design Studio Website Content.

All content on this website, both in its entirety as well as any individual website pages or pieces of content, is copyrighted to Sajah’s Design Studio Without explicit written consent and authorization by Sajah’s Design Studio, it should never be reproduced or copied to another website.

Any websites, apps, or documents that scrape content from this site through the usage of RSS feeds, bots or manual methods will be reported to their web hosting company with a DMCA takedown notice.

3. Crusade

Sajah’s Design Studio is not responsible for the accuracy of any information that is provided by the customer. Sajah’s Design Studio cannot guarantee a particular position or appearance of a client’s website in search engine listings. Sajah’s Design Studio cannot guarantee the presentation or position of a client’s website in search engines, and there are various components why that is not possible.

Submitting your website to search engines, directories and any similar sites does not guarantee that you will be accepted. There are many reasons why you may be rejected, and those reasons are unrelated to Sajah’s Design Studio. If you are not accepted, Sajah’s Design Studio will not take any responsibility for the third party’s decision, which is out of our control.

Sajah’s Design Studio will complete tasks once the customer provides access to their website and once we receive payment. If the customer doesn’t provide website access, and we are unable to complete our duties, you will not be issued a refund. Sajah’s Design Studio is not responsible for any server downtime, or anything related to your web host. If any technical issues arise that are unrelated to Sajah’s Design Studio, we are not responsible. We do not have any control over web hosts or third party plugins/services.

Progress reports can be requested via email or Google documents. As well, if reports were mutually agreed upon by Sajah’s Design Studio and the client. The details regarding such reports will be explained in the agreement.

SEO clients can expect changes in traffic volume/ quality around 90 days after the service is set up. Time can vary, and that depends on many factors. Sajah’s Design Studio has no control over this.

Clients grant Sajah’s Design Studio permission to use software programs to gather  and analyze websites similar to the projects and services.

When a client fails to provide payment, or promptly respond to Sajah’s Design Studio emails, Sajah’s Design Studio may reject or terminate services at any time. Other reasons that prevent our team from successfully completing the outlined work will also result in termination.

A refund will not be issued.

4. Cancellation

The client has 24 hours from when payment is sent, to cancel without cause by emailing payments@sajahsdesignstudio.com. Clients can request a full refund within the first 24 hours from payment. After this point, a customer may cancel the Contract but will be entitled to no refund.

A client may cancel beyond the first 24 hours, this can be done by contacting Sajah’s Design Studio directly through email or via support ticket. Any work completed, clients will be charged monthly as per agreement. Once invoice is paid, Sajah’s Design Studio will provide completed work in full for paid months/invoice. Unless clients have requested differently and conditions were agreed upon by both parties. Allotted time will be rounded up to the next complete month. Any payments received from clients will not be refunded after more than 24 hours of payment.

Sajah’s Design Studio will modify our website, services, products and/or the terms of these services at any time by giving the customer a one-week Notice of Change. Clients may choose to continue with our services, after the Notice of Change is delivered and from that point, Sajah’s Design Studio will assume the client to have accepted the Change to the Terms.

5. Prohibited Uses; License Grant; Representations and Warranties.

The client will not partake in any illegal or fraudulent business practices. The client will not authorize, advertise or engage in any unethical practices. The client will not breach or infringe on any laws, regulations, codes of conduct. As well as third Party rights, including, without limitation, and intellectual property rights. Violation may result in immediate termination of the agreement.

The customer grants Sajah’s Design Studio all rights including copyright, trademark, patent and such other rights for the purpose of carrying out the services listed in the agreement. Customer represents and warrants that all provided information is complete, accurate and current.

6. Disclaimer and Limitation of Liability.

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Sajah’s Design Studio, NOR ANY OF OUR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE PLATFORM; (2) ANY INFORMATION PROVIDED VIA THE PLATFORM; (3) THE SERVICES, OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Sajah’s Design Studio, OR VIA THE PLATFORM. 

IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

Sajah’s Design Studio DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. Sajah’s Design Studio DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. Sajah’s Design Studio DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND Sajah’s Design Studio SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

Outside of payment obligations, Sajah’s Design Studio and the client are not liable for any delays and or failures resulting from any condition that is beyond either of our control. Within a reasonable time frame. That includes any changes made by Google or other search engines to their algorithms or design which may affect website placement or positioning. That is a continuing indemnity which shall remain in full force until such time that it is terminated.

7. Agency.

Client has full control and may act on behalf of any third party for which client advertises and such parties are bound to this Agreement.

8. Payment.

All payments sent to Sajah’s Design Studio is a binding contract subject to these Terms of Services.

Client is responsible for all charges as set in the contract plus applicable taxes and shall pay all costs in Canadian Dollars/United States Dollars or equivalent to CAD with current market exchange rate unless otherwise specified. 

Deposits paid are non-refundable after 24 hours have passed from the payment being made. Once the customer agrees to the project quote and pays the deposit, the customer is committed to the completion of the project and any fees explained at the time of the quote was provided.

50% of the cost is due as a non-refundable deposit, to start the work.

The final 50% is due, 4 weeks prior to completion date. Whether the website is complete or not.

If the client doesn’t pay the final 50% within 7 business days, there will be a late fee of 10% based on the final balance fee.

All work will be temporarily suspended in cases of declined or missing payment. In these situations, the client must provide alternative payment within 7 days of being notified of the non-payment situation. If the payment is not provided within these 7 days, the service and the account will be canceled. 

Sajah’s Design Studio reserves the right to revert the customer’s website to pre-contract state and cancel or suspend all listings in situations of non-payment. Sajah’s Design Studio reserves the right to legal action against the customer for outstanding balances. The customer is responsible for paying all taxes, government charges, and reasonable expenses and legal fees Sajah’s Design Studio incurs if any further action is required to collect outstanding payments.

If late payments, lack of response from the client, or other issues result in a collections agency being utilized to collect outstanding payments, and the client wishes to continue with the project, all fees associated with collections efforts will be added to the customer account and will become due immediately.

If the client doesn’t communicate with Sajah’s Design Studio within 7 days, there will be an additional delay fee of 2% of the final cost, for every business day with no communication. Or with communication, but the client is not providing information to move this project closer to launch day. 

If the client doesn’t communicate with Sajah’s Design Studio after 30 days, there will be an additional $25/month maintenance fee. 

After the 30 days and the client responds back to Sajah’s Design Studio with information/communication to complete the project there will be a reopening fee of 25%. This is an additional fee based on the final cost of the project. 

Where permitted by law, client waives claim related to charges unless claimed within 30 days from the date of the charge. Client understands and agrees that any financial and billing information, such as credit card information and other payment information provided to Sajah’s Design Studio, may be shared with companies who work on Sajah’s Design Studio’s behalf. That includes payment processors and/or sales agents. This information is shared solely for the purposes of processing payment. Sajah’s Design Studio may also provide such information to a valid legal process, or to defend against the legal action. Sajah’s Design Studio is liable for the use of such information by these third parties.

9. Identification.

Client agrees to hold Sajah’s Design Studio harmless from third party claims brought against the customer or Sajah’s Design Studio in relation to any services provided by Sajah’s Design Studio to the client. Sajah’s Design Studio will also not be responsible for any and all damages, losses or costs such as legal costs, liability or expenses.

10. Miscellaneous.

The Agreement is governed by laws of Ontario, Canada and constitutes the entire agreement between the parties with respect to the subject matter hereof. In addition, this agreement supersedes and replaces any other applicable agreements. Any information contained in additional documents, such as references to a purchase order number, or oral discussions that conflict with this agreement is considered void. 

No party shall disclose the terms or conditions of this Agreement to any third party, with the exception of professional advisors who operate under strict confidentiality or where required to comply with a government law, rule or regulation.

Client may grant approvals, permissions, extensions and consents by email to contact@sajahsdesignstudio.com with read receipt confirmation. Notice to Client may be delivered by sending an email to the email address specified in the customer’s account. This email will be considered as received when sent.

Any unenforceable provisions will be changed in order to reflect the parties’ intention and will be done so only to the extent required to make them enforceable. Client may not assign any of its rights hereunder, and any such attempt is void.

Revision Date: 21 December 2022